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Dad Is There Only One?The Family Law Safety Net Of The Father Who Wrongly Claims The Child As His Own

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2024-09-11
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Varga, N., & Hadházi, E. (2024). Dad Is There Only One?The Family Law Safety Net Of The Father Who Wrongly Claims The Child As His Own. Debreceni Jogi Műhely, 21(1-2), 135-151. https://doi.org/10.24169/DJM/2024/1-2/6
Abstract

Parentage is an integral part of our identity, and the parent-child relationship is one of the most crucial social relationships in our lives. The putative father believes for a certain period of time that a child who is not his own is in fact his own, and however brief this period may be, it is likely that a kind of conscious and emotional bond will develop between him and the child. If such a knowledge, which is the basis of our self-esteem, of our origin, is mistakenly thought of and we are confronted with it overnight, it will certainly lead to a traumatic experience, to a damage to our identity.

In the present study, we will attempt to compare the historical facts described with the relevant legal fact(s), by taking the skin of a law enforcer. How can family law react when "the apple falls far from the tree"? We start from the premise that the historical facts present us primarily with a family conflict, so that it would be logical to invoke the protection of family law. However, the question arises as to whether family law alone can fully compensate the alleged father for the harm to his interests described, or whether other areas of law may have to be activated to do so.